
Gla5s_ SK ^ Q 



^ 



Book 






SUPPLEMENT 



TO 



1915 EDITION 



OF THE 



FISH AND GAME UWS 




HASSACIUSETTS 



PUBLISHED AUGUST, 1917 



NEW ACTS AND AMENDMENTS 

TO MASSACHUSETTS FISH 

AND GAME LAWS. 



1916 AND I9I7. 



Published by the 

COMMISSIONERS ON FISHERIES AND GAME. 



/. 



Commissioners. 
WILLIAM C. ADAMS, Chairman. 
GEORGE H. GRAHAM. 
ARTHUR L. MILLETT. 

Ofiice, Room 321, State House, Boston. 
Telephone, Haymarket 4600. 



BOSTON: 

Wright & Potter Printing Co.. State Printers, 

32 Derne Street. 

1917, 



t^o-X 



'S^l^ 






Publication of this Document 

approved by the 
Supervisor of Administration. 



D. of D. 

OCT 23 191 r 



J 

SAFETY FIRST. 

^ — ■ — — 

' DON'TS WITH FIRE IN THE WOODS. 

Don't throw a lighted match down; break it. 

Don't smoke cigars or cigarettes in the woods 
or fields; if you must smoke, use a covered pipe. 

Don't build any fires in the open without a 
permit from the Town Fire Warden. Otherwise 
you are violating the law. 

Don't build big fires or where a sudden puff 
of wind may spread a small one. 

Don't leave a fire without covering well with 
water or sand. 

Don't fail to put out a small fire which you 
may find. If you cannot possibly do so, don't 
fail to notify the Fire Warden or some one who 
will go to him at once to report a fire which is 
beyond your control. 

Then stay with it and help put it out. 

DON'TS WITH FIREARMS. 

Don't point firearms at any human being or 
domestic animal. Keep the muzzle toward the 
ground or in the air. 

Don't take a loaded firearm into a house, 
vehicle or boat. 

Don't set firearms down without unloading. 

Don't jump or cUmb a fence or jump a stream 
without unloading. 



Don't shoot without knowing what you are 
shooting at. 

Don't get snow or dirt in your gun — it will 
burst. 

Don't leave your hunter's license at home. 
Be sure it is in a safe place on your person 
before you start. 

Your hunter's Ucense does not give you the 
right to hunt on posted land, reservations, parks 
or within the city hmits. Land owners have a 
lawful and moral right to say who may hunt on 
their property. Respect these rights and they 
will have more regard for you and your sport and 
recreation. 

LITTLE LESSONS IN THE CONSERVA- 
TION OF FISH. 

The advance of civihzation always decreases 
the natural fish and game supply. Preach and 
practice conservation. 

Don't take fish that are full of spawn; leave 
them to deposit their eggs, and the small to 
grow into mature fish. 

Don't take more than you need. 

Don't try for the largest number; try for the 
largest fish. 

Don't try to get the last one; leave some for 
others. 

Report violations to the Fish and Game Com- 
missioners. 

Remember, this is your sport. No one is as 
interested in it as the himters and fishermen and 
it is up to you to make or ruin it. 



LITTLE LESSONS IN THE CONSERVA- 
TION OF BIRDS AND ANIMALS. 

In summer, with an iron rake, scratch in waste 
places, about fence corners, briar patches or any 
waste land and plant buckwheat, wheat, rye, 
kaffir corn, sunflowers or other grains to be left 
for birds in the fall and winter. Before severe 
winter weather estabHsh feeding stations. Clear 
away snow to the ground. Place grain and grit 
in hay chaff, barn sweepings or straw. Grit is 
necessary with hard grains. Build rough shelters 
of boughs on sunny side of stone walls, fences 
or other places which birds frequent. Leave 
openings so they may escape their enemies. 
Large hawks, large owls, crows, cats, dogs, 
skunks or other so-called vermin should be 
killed or driven away from bird covers. Most 
land owners protect birds. The good they do 
ealing weed seeds and insect pests repays them. 
During severe winter weather hundreds of people 
are feeding them with grain and grit. You can 
help greatly by doing the same. Nests of all 
wild birds except birds of prey should be left 
untouched. Some birds will not return to a nest 
where the eggs have been handled. Remember 
when hunting it takes a year to produce one 
adult bird; this may be destroyed in an instant. 
Our native birds cannot be replaced by hatch- 
ery method, as with the pheasant. Beware or 
you may exterminate. Remember the fate of 
the passenger pigeon, once in countless numbers; 
now there is a reward of $1,000 to find one pair 
nesting in the United States. 



6 

Deer should be killed by agriculturists only 
when actually doing substantial damage to 
growing crops. Be sure to report any killing to 
the Commissioners on Fisheries and Game in 
writing. 

Fur-bearing animals should only be taken 
when pelts are prime. One good one is worth 
many poor ones. Visit traps every day so there 
will be no needless suffering. Kill animals 
quickly and as humanely as possible. 



NEW ACTS AND AMENDMENTS 

TO MASSACHUSETTS FISH 

AND GAME LAWS, 

1916 AND 1917. 



FISH. 

Acts of 1916, Chap. 130, Special. 

An Act depriving the town of Newbury of the right 
to regulate fishing in the streams of that town. 

Chapter one hundred and ninety-five of the 
acts of the year eighteen hundred and thirty- 
seven, which authorizes the town of Newbury 
to regulate the taking of fish in the streams 
within that town, and all acts and parts of acts 
in amendment thereof and in addition thereto, 
are hereby repealed. 



Acts op 1916, Chap. 193, GENERAii, 

An Act to authorize the Board of Commissioners on 
Fisheries and Game to lease Oyster Pond in the 
county of Dukes County. 

(New law. To be inserted on page 38 of the 1915 edition of 
the fish and game laws.) 

Section 1. The board of commissioners on 
fisheries and game, or a majority of them, may, 
at any time within twenty years after the pas- 
sage of this act, in the name of the common- 
wealth, lease the pond known as Oyster pond, 
in the county of Dukes County, and any of the 
arms, coves and bays thereof, for the purpose 
of cultivating useful fish, for such periods of 



time, within the said twenty years, and on such 
terms and conditions as they may deem to be 
for the public interest, but only after a hearing 
upon an application for such a lease, the time 
and place of which shall have been published in 
all the towns within whose limits any part of 
said pond lies: provided, that nothing herein 
shall be construed to affect the right of any citi- 
zen of the commonwealth to take fish in said 
pond or the waters connected therewith, by hook 
and line, in conformity with law. 

Section 2. Any of said towns may become 
a lessee hereunder and appropriate such sums as 
may be required therefor. 

Section 3. For the purposes of this act the 
board may define the limits of the said pond, 
and the arms, coves and bays thereof, and when 
a statement of its limits so defined is recorded 
in the registry of deeds for said county, they 
shall be deemed to be the legal limits thereof. 
The board shall have custody of all leases made 
hereunder, and may, in behalf of the common- 
wealth, exercise all the rights and shall have all 
the remedies available to lessors of real estate. 

Section 4. This act shall take effect upon 
its passage. 

Acts of 1916, Chap. 287, Special. 

An Act to authorize the towns of Mattapoisett, Marion 
and Rochester to lease their herring fishery rights. 

(New law. To be inserted on page 35 of the 1915 edition of 
the fish and game laws.) 

Section 1. The towns of Mattapoisett, 
Marion and Rochester, acting jointly by the 
selectmen of the said towns, are hereby author- 
ized to lease their herring fishery rights for a 
term or terms not exceeding ten years, upon 
such conditions and for such considerations as 
the selectmen may determine. 

Section 2. This act shall take effect upon 
its passage. 



Acts op 1916, Chap. 34, General. 

An Act relative to the taking of fish in the waters of 
Cohasset and Scituate. 

(To take the place of Section 1 of Acts of 1912, Chap. 
449, amended by Acts of 1913, Chap. 124, on page 27 of the 
1915 edition of the fish and game laws.) 

Section 1 . It shall be unlawful for any person 
to display torches or other light designed or 
used for the purpose of taking herring or other 
fish in any of the waters of Cohasset, Scituate 
and Marshfield, or in the waters of Duxbury and 
Pljmaouth harbors westerly of a line drawn from 
Pier Head to Saquish Head, or in the waters of 
the town of Kingston: -provided, however, that 
the selectmen of the towns of Scituate, Marsh- 
field, Duxbury, Kingston and Plymouth may 
grant permits for the display of torches or other 
light for the purposes aforesaid, within the limits 
of their respective towns as herein described, 
except that no permits shall be granted for the 
above named purposes in the waters of Scituate 
south-westerly of a line drawn from Little Black 
Rock to Gull Island; and provided, further, that 
the selectmen of Cohasset and Scituate may 
grant permits for the display of torches or other 
lights for the purpose aforesaid in the waters 
lying southwesterly of the above mentioned line 
and in boats propelled by hand power only. 
Such permits may at any time be revoked and 
may be granted under such restrictions as in 
the judgment of said selectmen will prevent 
nuisances. 

Acts of 1916, Chap. 50, General. 

An Act to prohibit the use of seines in Essex River and 
the tributaries thereof. 

(New law. To be inserted between Sections 48 and 49 on 
page 40 of the 1915 edition of the fish and game laws.) 

Section 1. It shall be unlawful to use any 
kind of seine for the purpose of taking herring or 
other fish in the waters of Essex river or the trib- 
utaries thereof. 



10 

Section 2. Any violation of this act shall be 
punished for a first offence by a fine of not less 
than twenty-five or more than fifty dollars, or 
by imprisonment for not less than thirty or more 
than sixty days, or by both such fine and im- 
prisonment, and for a second offence, by both 
such fine and imprisonment. 



Acts of 1917, Chap. 54, General. 

An Act relative to the regulation of fish weirs. 

(To take the place of Section 116 on page 96 of the 1915 
edition of the fish and game la^vs.) 

Section 1. The mayor and aldermen of a 
city and the selectmen of a town lying upon tide 
water, may, in writing, authorize any person to 
construct weirs, pound nets or fish traps in tide 
water within the limits of such city or town for a 
term not exceeding five years, but no authority 
or license so given shall be valid unless approved 
in writing by the commission on waterways and 
public lands. 

Section 2. This act shall take effect upon 
its passage. 

Acts of 1917, Chap. 87, General, 

An Act relative to taking fish in the waters of the city 
of Beverly. 

(New law. To be inserted after Acts of 1912, Chap. 63, on 
page 99 of the 1915 edition of the fish and game laws.) 

Section 1. It shall be unlawful for any person 
to take fish in the waters of the city of Beverly 
by beam trawl, otter trawl or seine: -provided, 
however, that the board of aldermen of the city 
may grant permits for the taking of fish in the 
said waters by the use of seines. 

Section 2. Any violation of this act shall be 
punished by a fine of not more than fifty dollars. 



11 

Acts of 1916, Chap. 41, General. 

An Act to provide for the protection of flounders in 
waters adjacent to Beverly and Marblehead. 

(New law. To be inserted at the bottom of page 98 of the 
1915 edition of the fish and game laws.) 

Section 1, It shall be unlawful during the 
months of February, March, April and May to 
catch any flounders in any fyke or gill net or to 
set such a net during said months for the catch- 
ing of flounders in any waters lying westerly of 
a line drawn from Hospital Point Light, so- 
called, in Beverly, to Peach's Point, so-called, in 
Marblehead. 

Section 2. The harbor master of Salem shall 
have authority to enforce the provisions of this 
act as well as any other persons having such 
authority under the general laws or acting under 
authorit}'- of the board of commissioners on 
fisheries and game. 

Section 3. Whoever violates any provision 
of this act shall be punished by a fine of not ex- 
ceeding one hundred dollars, or by imprison- 
ment for a term not exceeding three months, or 
by both such fine and imprisonment. 

Acts of 1916, Chap. 35, General. 

An Act relative to the planting and cultivating of 
clams and quahaugs in the county of Plymouth. 

(New law. To be inserted at the bottom of page 67 of the 
1915 edition of the fish and game laws.) 

Section 1. The selectmen of any town' in 
the county of Plymouth, except the towns of 
Plymouth, Kingston and Duxbury, which ac- 
cepts the provisions of this act, may, by a 
writing under their hands, grant a license for 
such a term of years, not exceeding fifteen, as 
in their discretion they may deem for the public 
good, to any citizen of such town, to plant, cul- 
tivate and dig clams and quahaugs upon and in 
any flats and creeks in the town between mean 
high and mean low water mark, not, however, im- 



12 

pairing the private rights of any person. The 
territory covered by any such Hcense shall not ex- 
ceed two acres for each clam or quahaug grant. 
The license may be assigned by the licensee to 
any person who is a citizen of the town, but only 
with the written consent of the selectmen. The 
said licenses shall be granted only to persons 
who intend in good faith to plant, cultivate and 
dig clams or quahaugs. 

Section 2, The licenses herein provided for 
shall not be granted if their exercise would 
materially obstruct navigable waters. No license 
shall be granted under this act until after a pub- 
lic hearing, notice of which shall have been given 
by posting in three or more public places in the 
town at least ten days before the hearing. Such 
notice shall state the date of the hearing, the 
name and residence of the applicant, the date of 
the filing of the application, and the location, 
area and description of the grounds applied for. 

Section 3. The license shall describe by 
metes and bounds the flats and creeks so appro- 
priated, and shall be recorded by the town clerk 
before it shall have any force; and the licensee 
shall pay into the town treasury two dollars, and 
to the town clerk fifty cents. 

Section 4. The licensee and his heirs and as- 
signs shall, for the purposes aforesaid, have the 
exclusive use of the flats and creeks described in 
the license during the time specified therein, and 
may in an action of tort recover treble damages of 
any person who, without his or their consent, digs 
or takes clams and quahaugs from such flats or 
creeks during the continuance of the license. • 

Section 5. A town which accepts the pro- 
visions of this act may, at any annual meeting 
or at any special meeting called for the purpose, 
make such by-laws as the town may from time 
to time deem expedient, to protect and preserve 
the shellfisheries witliin the town: provided, 
always, that such by-laws shall not infringe the 
laws of the commonwealth. 



13 

Section 6. If it appears to the selectmen that 
the licensee, or his heirs or assigns, for a period 
of two years, has failed actually to use and oc- 
cupy the grant for the purposes specified in the 
license, they may, after a public hearing, thirty 
days' notice of which shall be given to the 
licensee, revoke the license, and use of the terri- 
tory shall revert to the town. 

Section 7. Whoever takes any shellfish from 
the waters of any town which accepts the pro- 
visions of this act in violation of any by-law 
established by the town, or of any provision of 
this act, shall for every such offence pay a fine 
of not less than jfive or more than ten dollars, 
and the costs of prosecution, and five dollars for 
every bushel of shellfish so taken. 

Section 8. A plan of each grant made under 
this act shall be kept in the office of the select- 
men, and shall be open to public inspection at 
all times. 

Section 9. This act shall take effect in any 
town to which it applies upon its acceptance by 
a majority of the voters of the town voting upon 
the question of its acceptance at any annual 
town meeting, or at any special town meeting 
called for the purpose, but for the purpose of 
authorizing said vote, it shall take effect upon 
its passage. 

Acts of 1916, Chap. 61, General. 

An Act relative to the penalty for taking, selling or 
having in possession short lobsters. 

(To take the place of Section 88, Chap. 91, R. L., as 
amended by Acts of 1907, Chap. 303, on page 71 of the 1915 
edition of the fish and game laws.) 

Section 88. Whoever sells or offers for sale or 
has in his possession an uncooked lobster less 
than nine inches in length, or a cooked lobster 
less than eight and three quarters inches in 
length, measuring from the extremity of the 
bone protruding from the head to the end of the 
bone of the middle flipper of the tail of the lob^. 



14 

ster, extended on its back its natural length, 
shall forfeit not less than two or more than five 
dollars for every such lobster, one half to the use 
of the city or town in which the offence is com- 
mitted and one half to the Commonwealth; and 
in all prosecutions under the provisions of this 
section any mutilation of a lobster, cooked or 
uncooked, which affects its measurements shall 
be prima facie evidence that the lobster is less 
than the required length and the possession of 
any lobster, cooked or uncooked, which is not 
of the required length shall be prima facie evi- 
dence to convict. This act shall not apply to 
common carriers having lobsters in possession 
for the purpose of transportation. 



Acts of 1917, Chap. 235, General. 

An Act relative to the purchase and release by the 
board of cfommissioners on fisheries and game of 
egg-bearing lobsters. 

(To take the place of Chap. 408, Acts of 1904, on page 78 of 
the 1915 edition of the fish and game laws.) 

Section 1. The board of commissioners on 
fisheries and game may purchase to the extent 
of the money provided for that purpose, and at a 
rate not above the market price, lobsters with 
eggs attached taken along the shores of the com- 
monwealth. Whosoever takes any such lobsters 
with eggs attached may, after obtaining a permit 
from said board, safely store the same in lobster 
cars or sections of cars used for such purpose 
only, and shall keep them separate from other 
lobsters until such time as the board or its agents 
can gather and pay for the same. The board or 
its agents shall liberate said lobsters in the 
vicinity of their place of taking. Said board 
may also purchase egg-bearing lobsters found in 
the possession of lobster dealers and for such 
purpose may expend a sum not exceeding that 
expended as above authorized. 

Section 2. Said board or its agents shall mark 
in some suitable manner, and before their release, 



15 

all lobsters purchased under the provisions of 
this act, and any lobsters so marked shall not 
again be purchased. Any person having in his 
possession any lobsters so marked, or any lobster 
mutilated in such manner as to hide or obliterate 
the said mark, shall be punished by a fine of not 
less than two nor more than two hundred dollars. 
Section 3. Chapter four hundred and eight 
of the acts of the year nineteen hundred and four 
is hereby repealed. 

Acts of 1916, Chap. 27, General. 

An Act relative to the taking' of fish in the waters of 
Hingham Harbor, Weymouth Back River, Hull Bay 
and adjacent waters. 

(To take the place of Section 1 of Acts of 1914, Chap. 
309, on page 26 of the 1915 edition of the fish and game laws.) 

Section 1. No person shall set, draw, use, or 
attempt to set, draw, or use any net, seine, trap 
or other device for catching any fish by other 
than a naturally or artificially baited hook in 
any waters southerly of a line drawn from the 
westerly point of Hull mainland at Windmill 
Point, so-called, to the most easterly point of 
Peddock's island; thence following the easterly 
shore of Peddock's island at highwater mark to 
the most southerly point of said Peddock's island, 
thence across the Back channel, so-called, to the 
most northerly point of Hough's Neck, or in any 
cove, bay, inlet or tributary thereof: "provided, 
that the selectmen of Hingham, Weymouth and 
Hull may, by joint action, grant permits for the 
purpose aforesaid within said waters, with such 
restrictions as, in their judgment, will prevent 
the same from constituting or causing a nuisance; 
and they may at any time revoke any such per- 
mit. The provisions of this act shall not pro- 
hibit the use of traps for the catching of lobsters. 



16 

Acts of 1917, Chap. 312, General. 

An Act to provide for the better protection of the lob- 
ster industry. 

(New law. To be inserted after Section 87 on page 71 of the 
1915 edition of the fish and game laws.) 

Section 1. No person either as principal, 
agent, or employee shall at any time catch or 
take lobsters from any waters within the juris- 
diction of the commonwealth, or place, set, keep, 
maintain, supervise, lift, raise, or draw in or from 
the said waters, or cause to be placed, set, kept, 
maintained, supervised, lifted, raised or drawn 
in or from the said waters any pot, trap, or other 
contrivance designed for, or adapted to, the tak- 
ing of lobsters, unless licensed so to do as here- 
inafter provided. 

Section 2. The clerk of any city or town in 
the counties of Essex, Middlesex, Suffolk, Nor- 
folk, Plyniouth, Barnstable, Bristol, Dukes or 
Nantucket, situated on the shores of this com- 
monwealth, shall, in the manner and subject to 
the provisions hereinafter set forth, grant licenses 
to catch or take lobsters from the waters of the 
commonwealth within three miles of the county 
within which the city or town granting the license 
is situated. Such a license shall be granted to 
any applicant who has resided in the common- 
wealth for a period of at least one year next 
preceding the date of the same. Non-residents 
transiently or temporarily residing in any city 
or town granting such licenses may, during the 
months of June, July, August and September in 
each year, upon payment of the fee hereinafter 
provided, procure a license to take lobsters for 
consumption of the licensee and his family only. 
Applications for licenses shall be made on special 
forms provided by the board of commissioners 
on fisheries and game. Licenses, except those 
granted to non-residents, shall expire on the 
thirty-first day of October next succeeding the 
granting of the same unless sooner revoked as 
hereinafter provided. The city or town clerk 



17 

granting a license, shall collect therefor a fee 
of one dollar, which shall be paid to the treasurer 
and receiver general on the first Monday of every 
month. Upon the granting of a license here- 
under, the city or town clerk shall forthwith 
forward to the board of commissioners on fisheries 
and game the name and address of the licensee, 
the number of the license and the date of its 
expiration. 

An applicant for a license under the provisions 
of this act shall state the color scheme or other 
special markings of the buoys to be used by him 
which shall be set forth in his license, and all 
buoys used by him shall be marked accordingly. 

A person licensed hereunder within the county 
of Norfolk shall have the right to fish in the 
waters of the two adjoining counties. 

Section 3. A licensee hereunder shall at all 
times, while acting in pursuance of the license 
exhibit his license upon the demand of any com- 
missioner, deputy commissioner or local fish and 
game warden. 

Section 4. The conviction for a second time 
of a person licensed hereunder of catching short 
lobsters, of taking seed lobsters, or of interfering 
with the pots or gear of any other fisherman shall 
render his license void, and the same shall im- 
mediately be surrendered to the officer who 
secured the conviction, and the person so con- 
victed shall not be entitled to receive another 
license for a period of one year from the date of 
such conviction: provided, however, that no per- 
son licensed under the provisions of this act shall 
lose his license unless more than two per cent in 
count of the lobsters in his possession are short 
lobsters. 

Section 5. A licensee hereunder shall, before 
receiving a new license, file a report of his catch 
of the previous year with the city or town clerk, 
who shall forthwith forward the same to the 
board of commissioners on fisheries and game, 
and the commissioners in their annual report shall 



18 

state the number of licenses granted under the 
provisions of this act, and the names of the 
licensees. 

Section 6. Any violation of the provisions 
of section one of this act shall be punished by a 
fine of not less than ten dollars. 

Section 7. Chapter two hundred and sixty- 
five of the acts of the year nineteen hundred and 
nine is hereby repealed. 

Section 8. This act shall take effect on the 
first day of November in the year nineteen hun- 
dred and seventeen. 



Acts op 1917, Chap. 53, General. 

An Act relative to taking fish which frequent fresh 
water. 

(To take the place of Section 132 on page 106 of the 1915 
edition of the fish and game laws.) 

Section 1. Whoever takes any fish which at 
any season frequent fresh water, except as other- 
wise allowed in this chapter, in any other manner 
than by artificially or naturally baited hook and 
hand line, shall forfeit not less than five nor more 
than fifty dollars; but towns may permit the use 
of nets and seines for taking herring and alewives 
or pots for the taking of eels; and nothing in this 
act shall be construed to prohibit the spearing of 
those species of fish commonly known as eels and 
"suckers". The possession by any person in or 
upon fresh waters or upon the banks of the same, 
except as allowed by this section, of any net, trap, 
trawl, or other device adapted for taking fish shall 
be prima facie evidence of a violation of this act. 

Section 2. This act shall not apply to ponds 
or waters already held under lease or which may 
hereafter be leased by the commonwealth or by 
the board of commissioners on fisheries and game. 



19 

Acts of 1916, Chap. 25, General. 
An Act relative to the open season on brook trout. 

loJn '??.!''^^ i^'n^ ""^ ^^^^' ^^^P- 377, as amended by Acts of 
ame law?) °° ^^^^ °^ *^® ^^^^ edition of the fish and 

Section 1. Beginning with the year nineteen 
hundred and seventeen, the open season for the 
taking of brook trout shall begin on the fifteenth 
day of April and end on the first day of August. 

Section 2. So much of section one of chapter 
three hundred and seventy-seven of the acts of 
the year nineteen hundred and nine, as amended 
by section one of chapter four hundred and sixty- 
nine of the acts of the year nineteen hundred and 
ten, as is inconsistent herewith is hereby repealed. 

Acts op 1917, Chap. 188, General. 

An Act relative to the taking of trout. 

(New law. To be inserted after Acts of 1909, Chap. 377 
as amended by Acts of 1910, Chap. 469, on pages 43 and 44 
ot the 1915 edition of the fish and game laws.) 

Section 1. It shall be unlawful to take trout 
other than by rod and single line, and at any 
other time than between one hour before sunrise 
and two hours after sunset. No person shall in 
any one day take a total of more than twenty- 
fave trout of any or all species, and when two or 
more persons are angling from the same boat or 
ratt they shall take not more in the aggregate 
than thirty trout. 

Section 2. Any violation of this act shall be 
punished by a fine of not less than five nor more 
than twenty dollars for each fish unlawfully 
taken. *^ 

Section 3. This act shall take effect on the 
nrst day of January, nineteen hundred and 
eighteen. 



20 

Acts of 1916, Chap. 6, General. 

An Act relative to the taking of pickerel. 

(To take the place of Section 67, Chap. 91, R. L., asamended 
by Acts of 1904, Chap. 329, on page 47 of the 1915 edition of 
the fish and game laws.) 

Section 67. Whoever takes from the waters of 
this commonwealth a pickerel less than ten inches 
in length, or sells or offers for sale, or has in his 
possession any such pickerel, shall forfeit one 
dollar for each pickerel so taken, held in posses- 
sion, sold or offered or exposed for sale; and in 
prosecutions under the provisions of this section 
the possession of pickerel less than ten inches in 
length shall be prima facie evidence to convict. 

Acts of 1917, Chap. 27, General. 

An Act relative to the taking of white perch. 

(To take the place of Section 1 of the Acts of 1915, Chap. 54, 
Gen., on page 46 of the 1915 edition of the fish and game 
laws.) 

Section 1. It shall be lawful for any per- 
son to take white perch from waters that have 
been stocked by the fish and game commissioners 
with white perch and to have the same in pos- 
session: provided, that no perch less then seven 
inches long is taken and that the taking is by 
angling only; and provided, also, that a total of 
not more than ten pounds of white perch is 
taken in any one day, except that if the last 
fish caught increases the total weight of the fish 
caught to more than ten pounds the last fish so 
taken may lawfully be kept, and provided, also, 
that when two or more persons are angling from 
the same boat or raft they shall not take more 
in the aggregate than fifteen pounds, except that 
if the last fish caught increases the total weight 
of the fish caught by such persons to more than 
fifteen pounds, the last fish so taken may law- 
fully be retained. This act shall not apply to 
waters already held under lease or which may 
hereafter be leased by the commonwealth or by 
the board of commissioners on fisheries and game. 



21 

Acts op 1917, Chap. 182, General. 

An Act relative to the taking of shiners for bait in the 
Merrimack and Connecticut Rivers. 

(Repeals Section 81 of Chap. 91, R. L., as amended by Acts 
of 1904, Chap. 116, and further amended by Acts of 1905, 
Chap. 81, on page 55 of the 1915 edition of the fish and game 
la's\"s.) 

Section eighty-one of chapter ninety-one of the 
Revised Laws, as amended by section one of 
chapter one hundred and sixteen of the acts of 
the year nineteen hundred and four, and by sec- 
tion one of chapter eighty-one of the acts of the 
year nineteen hundred and five, relative to taking 
shiners in the Merrimack and Connecticut rivers, 
is hereby repealed. 



GAME. 

Acts op 1916, Chap. 74, General. 

An Act relative to the granting of hunters' licenses 
to minors. 

(To be inserted at Section 7, page 112 of the 1915 edition of 
the fish and game laws.) 

(Section 7 of Acts of 1911, Chap. 614, as amended by Acts 
of 1912, Chap. 379; Acts of 1913, Chaps. 249 and 479; Acts 
of 1915, Chap. 212, Gen., on pages 110-114 of the 1915 edition 
of fish and game laws, should be stricken out.) 

Section 1. A hunter's license, under the 
provisions of chapter six hundred and fourteen 
of the acts of the year nineteen hundred and 
eleven and amendments thereof, shall not be 
granted to minors under eighteen years of age 
as a matter of right, but the clerk of any city or 
town may, in his discretion, issue a license to any 
such minor provided that the minor applies there- 
for in writing, and files a statement signed by 
his parents or guardian consenting to the grant- 
ing of the license. The consent of the parents or 
guardian shall be preserved by the clerk as a 
part of the record of the case. 

Section 2, > Section seven of chapter six hun- 
dred and fourteen of the acts of the year nineteen 



22 

hundred and eleven is hereby repealed, and so 
much of any other section of the said chapter as 
is inconsistent herewith shall not apply to the 
provisions of this act. 

Acts of 1917, Chap. 26, General. 

An Act relative to the issuance of hunters' certificates 
of registration. 

(To take the place of Section 2 of the Acts of 1911, Chap. 
614, as amended by the Acts of 1912, Chap. 379; Acts of 1913, 
Chaps. 249 and 479; Acts of 1915, Chap. 212, Gen., on page 
110 of the 1915 edition of the fish and game laws.) 

Section 2. The clerk of any city or town 
shall, upon the application of any person en- 
titled to receive a certificate of registration under 
any of the classes hereinafter described, and 
upon payment of the registration fee hereinafter 
specified, and the furnishing of an affidavit by 
any non-resident who desires to be classified 
under clauses one, two and three of section four 
of this act, register and issue to such person a 
certificate in the form prescribed and upon a 
blank furnished by the commissioners on fisheries 
and game, which certificate shall bear the name, 
age, occupation, place of residence, and signature 
and identifying description of the person thus 
registered, and shall authorize the person so 
registered to hunt birds and quadrupeds, subject 
to such conditions as are provided by law. The 
clerk of any city or town may issue a certificate 
as to any of the classes hereinafter described on 
or after December twenty-sixth in the year 
preceding that during which the certificate may 
be used. Said certificate shall bear the date of 
January first and shall be valid for use to and 
including the following December thirty-first, and 
no longer, shall not be transferable and shall be 
produced for examination upon the demand of 
any person. Failure or refusal to produce said 
certificate upon such demand shall be prima facie 
evidence of the violation of this act. 



23 

Acts of 1917, Chap. 139, General. 

An Act relative to the open season for the killing of 
deer. 

(To take the place of Section 2, Acts of 1910, Chap. 545, as 
amended by Acts of 1912, Chap. 388; Acts of 1913, Chap. 529, 
and Acts of 1914, Chap. 453, on page 145 of the 1915 edition of 
the fish and game laws.) 

Section 2. Any person who is duly authorized 
or licensed to hunt in this commonwealth ac- 
cording to the provisions of law, may, between 
sunrise of the first Monday of December and 
sunset of the following Saturday, hunt, pursue, 
take or kill by the use of a shotgun, a wild deer, 
subject to the following restrictions and provi- 
sions: — No person shall kill more than one deer 
under the provisions of this section or have in 
possession more than one deer killed under the 
provisions of this section. No deer shall be 
hunted, taken or killed on land posted in ac- 
cordance with the provisions of section fourteen 
of chapter ninety-two of the Revised Laws, or 
on land under the control of the metropolitan 
park commission or of the metropolitan water 
and sewerage board, or in violation of any city 
ordinance or town by-law, or in any state reser- 
vation, or by any method prohibited by law. 
It shall be unlawful to make, set or use any trap, 
salt lick or other device for the purpose of en- 
snaring, enticing, taking, injuring or killing a deer. 
Whoever wounds or kills a deer under the pro- 
visions of this section shall make a report in 
writing, signed by him, and mailed or otherwise 
transmitted within twenty-four hours of such 
wounding or killing, to the commissioners on 
fisheries and game, stating the facts relative to 
the wounding or killing. 



24 

Acts of 1916, Chap. 7, General. 

An Act to provide a penalty for hunting birds or 
quadrupeds with rifles, revolvers or pistols during 
the open season for deer. 

(To be added, as Section 3, to Acts of 1913, Chap. 542, on 
pages 147 and 148 of the 1915 edition of the fish and game 
laws.) 

Section 3. Any person violating any provi- 
sion of this act shall be punished by a fine of not 
less than ten nor more than fifty dollars for each 
offence. 



Acts of 1916, Chap. 110, General. 

An Act to prohibit the use of artificial light and of 
vehicles in hunting. 

(To take the place of Section 1 of Acts of 1910, Chap. 
533, as amended by Acts of 1911, Chap. 101, on page 141 of 
the 1915 edition of the fish and game laws.) 

Section 1. It shall be unlawful to take or kill 
a game bird or water fowl, or any wild game 
quadruped, for which a close season is provided, 
by means of a trap, net or snare, or, for the pur- 
pose of killing a game bird or water fowl, or 
any wild game quadruped, so protected by law, 
to construct or set a trap, net or snare, or to 
pursue, shoot at or kill any wild fowl, or any of 
the so-called shore, marsh and beach birds, with 
a swivel or pivot gun, or by the use of a torch, 
jack or artificial light, or by the aid or use of any 
vehicle, boat or floating device propelled by 
steam, naphtha, gasolene, electricity, compressed 
air, or any similar motive power, or by any 
mechanical means other than sails, oars or pad- 
dles. But the provisions of this chapter shall 
not apply to persons shooting at or killing said 
birds from such boats or floating devices if the 
same are at anchor. 



25 

Acts op 1916, Chap. 15, General. 

An Act relative to the protection of upland plover and 
certain other wild birds. 

(To take the place of Section 1 of Acts of 1910, Chap. 
472, on page 134 of the 1915 edition of the fish and game la~»v8.) 

Section 1. Whoever takes or kills a Bartra- 
mian sandpiper, also called upland plover, a 
wood duck, a wild or passenger pigeon, a Caro- 
lina or mourning dove, a gull or a tern, shall be 
punished by a fine of not less than ten, nor more 
than fifty dollars for every bird so taken or 
killed. Whoever takes or kills a heath hen shall 
be punished by a fine of not less than twenty- 
five dollars nor more than one hundred dollars 
for every bird so taken or killed. 

Acts of 1917, Chap. 170, General. 

An Act relative to an open season for the hunting of 
ruffed grouse, woodcock, quail, gray squirrels, hares 
and rabbits. 

(To take the place of Acts of 1911, Chap. 236, as amended 
by Acts of 1912, Chap. 203, on page 118 of the 1915 edition 
of the fish and game laws. See also Section 3A of Acts 
of 1917, Chap. 196, Gen., in this supplement.) 

Section 1. It shall be unlawful, excepting 
only between the first day of November and the 
thirtieth day of November of each year, both 
dates inclusive, to hunt, pursue, take or kill a 
ruffed grouse, commonly called partridge, or 
a woodcock, or to have the same, or any part 
thereof, in possession, whenever or wherever the 
same may have been taken or killed; except that 
in the counties of Berkshire, Franklin, Hampden 
and Hampshire, the open season on woodcock 
shall be from the twentieth day of October to the 
thirtieth day of November, both days inclusive, 
and it shall be unlawful at any time to buy, sell, 
offer for sale, or otherwise dispose of a ruffed 
grouse or woodcock or any part thereof, when- 
ever or wherever the same may have been taken 
or killed; and it shall be unlawful at any time to 
take or send or cause to be taken or transported 



26 

beyond the limits of the commonwealth the above 
named birds, or to have in possession any such 
bird with intent to take or cause the same to be 
taken out of the commonwealth. 

Section 2. It shall be unlawful excepting only 
between the first day of November and the thir- 
tieth day of November of each year, both dates 
inclusive, to hunt, pursue, take or kill a quail or 
to have the same, or any part thereof, in posses- 
sion except as provided in sections two and three 
hereof; and it shall be unlawful at any time to 
take or send or cause to be taken or transported 
beyond the limits of the commonwealth a quail 
which was taken or killed within the common- 
wealth, or to have in possession quail with intent 
to take or cause the same to be taken out of the 
commonwealth, except quail artificially prop- 
agated as provided in section two hereof. 

Section 3. It shall be unlawful except only 
between the first day of November and the 
thirtieth day of November of each year, both 
days inclusive, to hunt, take or kill a gray 
squirrel, or to sell, or to offer for sale, or to have 
in possession for the purpose of sale, a gray 
squirrel, wherever taken or killed, or to take or 
kill at any time a gray squirrel by means of a 
trap, net or snare, or for the purpose of killing 
a gray squirrel to construct or set a trap, snare 
or net. 

Section 4. It shall be unlawful to hunt, take 
or kill a hare or rabbit between the first day of 
March and the thirty-first day of October, both 
inclusive, or to buy or sell or offer for sale a hare 
or rabbit taken or killed during the said period 
in this commonwealth, or taken or killed at any 
time contrary to the laws of any other state or 
country. But any person may buy or sell hares 
or rabbits at any time: provided, that they were 
not taken or killed contrary to the laws of this 
commonwealth or of any other state or country 



27 

Acts of 1917, Chap. 157, General. 

An Act to establish a close season on quail in the 
counties of Hampden and Middlesex. 

(New law. To be inserted after Acts of 1914, Chap. 79, 
as amended by Acts of 1915, Chap. 3, Gen., on page 119 of 
the 1915 edition of the fish and game laws.) 

Section 1. For a period of five years begin- 
ning with the first day of July, nineteen hundred 
and seventeen, it shall be unlawful, in the 
counties of Hampden and Middlesex, to trap, 
hunt, pursue, or kill quail, or except as provided 
by chapter five hundred and sixty-seven of the 
acts of the year nineteen hundred and twelve, 
to have dead or living quail in possession taken 
in said counties. 

Section 2. Any violation of this act shall be 
punished by a fine of ten dollars for each offence. 

Acts op 1917, Chap. 196, General. 

An Act to permit the taking of European hares in the 
county of Berkshire. 

(To be inserted after Section 3 of Acts of 1911, Chap. 118, 
as amended by Acts of 1914, Chap. 120, on page 140 of the 
1915 edition of the fish and game laws.) 

Section 3A. The provisions of this act shall 
not apply in the county of Berkshire to European 
hares, which may be hunted, taken or killed in 
that county at any time during the year. 

Acts op 1917, Chap. 225, General. 

An Act relative to the protection of hares in the 
counties of Norfolk and Bristol. 

(New law. To be inserted at bottom of page after Acts of 
1911, Chap. 118, as amended by Acts of 1914, Chap. 120, on 
pages 139 and 140 of the 1915 edition of the fish and game laws.) 

Section 1. In the counties of Norfolk and 
Bristol, it shall be unlawful, until the beginning 
of the open season for rabbits throughout the 
commonwealth in the year nineteen hundred and 
twenty, to take or kill a hare, commonly called 
white rabbit or Canada hare, or, if taken or killed 



28 

contrary to the laws of this commonwealth or 
of any other state or country, to buy, sell, offer 
for sale, or have the same in possession. 

Section 2. Any violation of this act shall 
be punished by a fine of twenty dollars for each 
hare in respect to which the violation occurs. 



Acts of 1917, Chap. 20, General. 

An Act relative to starlings. 

(To take the place of the first section in Section 7, Chap. 92, 
R. L., as amended by Acts of 1903, Chap. 287, and further 
amended by Acts of 1907, Chap. 250, on page 136 of the 1915 
edition of the fish and game laws.) 

Section 1. Whoever takes or kills a wild or 
undomesticated bird not named in sections two, 
three, four and five, except English sparrows, 
crow blackbirds, crows, jays, starlings, the follow- 
ing named birds of prey, — sharp-shinned hawk, 
cooper's hawk, goshawk, red-tailed hawk, red- 
shouldered hawk, duck hawk, pigeon hawk, 
barred owl, great horned owl and snowy owl, — 
wild geese and fresh water and sea fowl not 
named in said sections, or wilfully destroys, dis- 
turbs or takes a nest or eggs of any wild or 
undomesticated birds, except such as are not 
protected by the provisions of this section, shall 
be punished by a fine of ten dollars for each 
bird taken or killed or each nest or egg destroyed, 
disturbed or taken contrary to the provisions of 
this section; but a person over twenty-one years 
of age, who has a certificate from the commis- 
sioners on fisheries and game or from the presi- 
dent of the Boston Society of Natural History 
that he is engaged in the scientific study of 
ornithology or is collecting in the interest of a 
scientific institution, may at any season take or 
kill or take the nests and eggs of an undomesti- 
cated bird, except woodcock, ruffed grouse and 
quail; but the provisions of this section shall 
not authorize a person to enter upon private 
grounds without the consent of the owner thereof 



29 

for the purpose of taking nests or eggs or killing 
birds. Said commissioners or the president of 
said society may at any time revoke such cer- 
tificate. 



Acts of 1917, Chap. 40, General.. 

An Act to provide for the protection of birds on the 
Island of Muskeget. 

(New law. To be inserted on page 151 of the 1915 edition 

of the fish and game laws. ) 

Section 1. It shall be unlawful for any person 
to bring or cause to be brought to the island of 
Muskeget a live cat, or to have a live cat in 
possession or at large on said island. 

Section 2. Any violation of this act shall be 
punished by a fine not exceeding fifty dollars 
for the first offence, or one hundred dollars for 
each subsequent offence. 



Acts op 1917, Chap. 271, General. 

An Act authorizing and directing the Commissioners 
on Fisheries and Game and their deputies to enforce 
the laws relating to dogs. 

(To take the place of Section 1, Acts of 1908, Chap. 417, 
on page 9 of the 1915 edition of the fish and game laws.) 

Section 1. The commissioners on fisheries 
and game and their deputies shall have and 
exercise throughout the commonwealth for the 
enforcement of the laws relating to fish, birds, 
mammals and dogs, all the powers of constables, 
except the service of civil process, and of police- 
men and watchmen. The said deputies when on 
duty shall wear, and shall display as a token of 
authority, a metallic badge bearing the seal of 
the commonwealth and the words "Deputy Fish 
and Game Commissioner." 

Section 2. Every license granted for the 
keeping of dogs under the provisions of chapter 
one hundred and two of the Revised Laws, and 
amendments thereof, shall be subject to the 



30 

condition that the dog which is the subject of 
the license shall be controlled and restrained 
from killing, chasing or harassing sheep, lambs, 
fowls or other domestic animals, and said con- 
dition shall be expressed in the license. 



REGULATIONS ON PHEASANT, 1917. 

The Board of Commissioners on Fisheries and 
Game, acting under chapter 401, Acts of 1914, 
have declared an open season on pheasants from 
November 1 to November 30, both dates inclu- 
sive, in all counties except Dukes, Nantucket 
and Barnstable. 

Limit: two in one day, six in the entire season. 
Killing to be reported in writing within twenty- 
four hours to the Commissioners on Fisheries and 
Game, State House, Boston, Mass., stating date 
of killing, town where shot, number and sex of 
the birds killed. Penalty for violation, $50. 










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